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Sued by Midland Funding in Nebraska

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Hello all. First off; I just want to say that what you people do here is really great. Thank you.


I am being sued by Midland Funding. I answered the complaint. Now they have sent me a "request for admissions" and "interrogatories". So much information out there- even on this site. Thought that since my case was unique, I would post questions and see if I could get some help. I do not remember this alleged debt, and am positive it did not occur within the last 5 years.


In my response to the complaint, I denied everything (except that I was a legal entity). At the end of the answer I listed affirmative defenses as "failure to state a claim", "lack of legal capacity", and stated that "Based on the lack of information provided by plaintiff concerning alleged debt, defendant cannot properly respond with affirmative defenses at this time. If allowed by the court, the defendant reserves the right to use future affirmative defenses, if applicable; such as Statute of limitations or others that may be applicable when or if proper documentation is provided by Plaintiff".


Now for Midlands Request for Admissions:


(In the first paragraph they state I have 30 days to provide written responses, or the facts, the truth of which is requested, shall be deemed admitted)


Request 1: Plaintiff is a banking association existing under the laws of the United States. (same as in complaint-I agreed to this in my answer by mistake)


Request 2: Defendant is a resident of Gage County,  Neb.


Request 3: That Defendant entered into a contract under the terms of which a credit card was issued to Defendant by Plaintiff and that Defendant was extended credit by plaintiff's assignor CitiFinancial, inc.


Request 4: That defendant did purchase goods and/or services on credit granted by the plaintiff's assignor, CitiFinancial, INC.


Request 5: That defendant did obtain cash advances on credit granted by the plaintiff's assignor, CitiFinancial, INC.


Request 6: That there is a balance of $$$$$$, past due and owing to the Plaintiff, representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.


Request 7: That plaintiff is entitled to interest at the rate of 0% per annum, ($0 per deim).


Request 8: That due demand has been made by the Plaintiff upon the Defendant more than 90 days prior to the Plaintiff's original complaint.


Request 9: That the defendant is not a member of the armed forces of the United States or its Allies.


Request 10: That the defendant has no affirmative defenses to Plaintiffs' complaint.


Request 11: That defendant admits all allegations contained in Plaintiffs complaint.




Then on a separate form was INTERROGATORIES (so do I respond "ANSWER TO INTERROGATORIES" and "ANSWER TO REQUEST" on separate documents?)


INT No. 1: State your name



INT No 2: What is the address of your place of residence?



INT No 3: Please state the name and address of any and all financial institutions, banks, credit unions, or delayed deposit services utilized or patronized in the past five years by the Defendant, including, but not limited to institutions holding checking, savings, money market or certificate of deposit accounts or behalf of the defendant.



INT No 4: Did you make any payments to the Plaintiffs Assignor, CITIFINANCIAL?



INT No 5: If so, as to each payment state:

     -A. Date, B. amount, C. manner of payment, D. whether you have a receipt, E. will you attach a true copy of same to your answers herein without the necessity of a motion to produce?



INT No 6: If you deny owing the balance the plaintiff claims due from you in its complaint, please state:

A: Basis of denial.

B: The amount you admit owing to Plaintiff and the calculation you have used.



INT No 7: Did you respond to the negative to any part or portion of Plaintiff's request for admissions herein? If so, as to each negative response, set forth fully each and every fact on which you rely in support of your response based on your personal knowledge and experience the above matter and all records that you have material thereto.



Deadline is 30 days after service.


Any help I would appreciate.











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RFAs:  deny everything except who you are where you live, and if you are in the armed forces.


INT 3:  DENY THIS.  It is not material to the complaint and not destined to reveal information necessary for the case.  Also it is prejudicial to your defense.


INT 4/5:  NO to payments.  Denied to documents.  (they have to prove their case and are trying to get you to do their work for them)


INT 6:  A:  no account ever opened with Plaintiff.  No account ever opened with assignor.  B:  Zero.


INT 7:  Discovery is ongoing and Plaintiff has provided no document where by Defendant can answer affirmatively to any of the RFAs or ROGs as presented.  Discovery is ongoing and Defendant is still preparing for trial at this time.  Defendant possesses no documents in support of an account they never had.

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Check your rules.  Some state rules require disclosure by the parties which states what documentation each party is going to provide including the names of potential witnesses.   Some states don't make that requirement.


Anyway, check your rules on discovery.

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